How to prove self-defense when facing PC-187(a) first degree?

a group of friends go to the liquor store to buy some beers unfortunately 2 parties of the group run into a friend & stop to discuss a personal matter. That person is accompanied by 3 other parties total of 4 & the discussion turns into a fight. 1 of the 2 parties that were on there way to buy beer is now knocked unconscious & leaving the other party to fend for himself against 4 others w body/builds of 6' " & min 180lbs. 1man is down & the 2nd has a knife in his face, somehow he manages to take the knife as in fear for his life he proceeds to defend himself & stabs the guy w his own knife. The stabbing victim dies. It takes two months for an arrest to be made and the defendent is now being charged w murder-one PC187(a) first degree why not a lessor charge? What defense can be given???

San Diego, CA -

Attorney Answers (6)

Andrew Michael Limberg

Andrew Michael Limberg

Criminal Defense Attorney - San Diego, CA
Answered

The murder charge is due to the circumstances as the prosecutor understands them to be based off witness statements and other evidence. Given the scenario you provided, self-defense appears to be both objectively and subjectively reasonable response to the situation. The defense attorney will need to properly investigate the case in order to ensure no helpful evidence is overlooked. You should obtain a free consultation with a defense attorney right away to learn more about what should be done to defend this particular case.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
William Peter Daley

William Peter Daley

Criminal Defense Attorney - San Diego, CA
Answered

Because these are such serious charges with very serious consequences you need to make sure that you hire one of us local AVVO San Diego criminal defense attorneys who has had experience with these cases. A person is entitled to use a reasonable amount of force in defending themselves or in defending others. At this point obviously we would need to know more information about the whole situation and all of the people And parties who were involved in this incident. Most of us here on AVVO offer a free consultation and I strongly suggest you meet with one or two of us and hire the most experienced attorney with these cases that you can afford.

http://lawofficeofwilliamdaley.com/home/17-lega...
618-238-1905

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
Vijay Dinakar

Vijay Dinakar

Criminal Defense Attorney - San Jose, CA
Answered

Hire a local criminal attorney ASAP. This is the most serious of criminal charges. There's no simple advice that can be provided here; the defendant needs to work with his attorney. The attorney needs to thoroughly investigate this case. This case is very likely to go to trial, so hire an aggressive trial attorney whose done murder trials before. Best of luck.

Seth Andrew Weinstein

Seth Andrew Weinstein

Criminal Defense Attorney - Sherman Oaks, CA
Answered

The District Attorney believes there is enough evidence to move forward based on witness testimony and likely physical evidence. This does not mean they have enough evidence to win a conviction. You should contact a Southern California criminal defense attorney immediately. This is a life in prison case and requires the proper preparation.

Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
David Philip Shapiro

David Philip Shapiro

Criminal Defense Attorney - San Diego, CA
Answered

Less questioning, more action. The defendant needs top-notch, locally experienced, criminal defense representation ASAP!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
David Michael Boertje

David Michael Boertje

Criminal Defense Attorney - San Diego, CA
Answered

Under this scenario it appears self defense would be a good defense. This individual or his family should consult with local experienced criminal lawyers to discuss the case as many offer free consultations. Additional work will need to be done on the case to establish self-defense including the use of investigators and experts, and this should be discussed with a criminal lawyer.

David M. Boertje, Esq.
(619) 229-1870
www.boertjelaw.com

*Please note that this is not legal advice and in no way formed an attorney-client relationship*

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